Patna High Court
Diwakar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to anticipatory bail and ordered his release on bail with conditions.
Summary
Diwakar Kumar was arrested in a case alleging offences under the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2018, based on an FIR in which an informant claimed an attempted abduction and the recovery of liquor from a seized vehicle. The petitioner contended that he has a clean record, was falsely implicated, is not the owner of the vehicle, and will cooperate with the investigation. The State opposed the anticipatory bail application. The Court examined the submissions and, applying Section 438(2) of the Criminal Procedure Code, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions prescribed. The order also directed compliance with the Special Excise Judge of Sheikhpura.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code
- Whether the allegations in the FIR justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 127(2), 140(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- bail conditions
- false implication
- narcotic offences
- excise law
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86280 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Diwakar Kumar S/O Pappu Tanti @ Pappu Kumar Resident of village - Karan
Bigha, P.S. - Noorsarai, District - Nalanda(Sheikhpura wrongly mentioned in
Impugned order)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Kumar, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 127(2), 109, 140(1)
and 3(5) of B.N.S., 2023 as well as Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent. It is next submitted
that in sum and substance the allegation is that informant alleges
that an attempt was made to abduct him but then the car by
which he was abducted after going some distance stopped and a
passerby saw the accused persons including the informant, as
such, the accused persons leaving the informant and the car fled
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and from the car 0.750 litre of liquor was also recovered.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that the
informant alleges that while he was going to his clinic when he
was intercepted by the accused persons who made an attempt to
abduct him. It is next submitted that if the FIR is read in its
entirety, it would manifest that the informant also alleges that
the accused persons threatened that since their patient died on
account of his negligence, as such, he should be killed. It is
thus, submitted that since a patient had died on account of
negligence of the informant hence, an altercation had taken
place in between the informant and the accused persons but
when villagers gathered the petitioner and other accused fled
leaving the car. It is next submitted that as far as allegation of
recovery of liquor is alleged, the same is ornamental to give
seriousness to the case. It is also submitted that petitioner is not
the owner of the vehicle which was seized. It is further
submitted that petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
5. Learned APP for the State opposes the anticipatory
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bail application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge, Sheikhpura in connection with Ariyari P.S. Case
No.105 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
Sanjay/-
U T
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